PROPOSED RULES
Supplemental Notice to WSR 10-22-102.
Preproposal statement of inquiry was filed as WSR 09-05-014.
Title of Rule and Other Identifying Information: Chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle.
Hearing Location(s): Room 231, Mary Gates Hall, UW Seattle Campus, on April 7, 2011, at 3:30 p.m.
Date of Intended Adoption: May 19, 2011.
Submit Written Comments to: Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210, e-mail rules@uw.edu, fax (206) 685-3825, by April 7, 2011.
Assistance for Persons with Disabilities: Contact disability services office by March 28, 2011, TTY (206) 543-6452 or (206) 543-6450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule revisions move the administrative oversight of parking enforcement from the university police department to the commuter services unit within the UW transportation services department. These changes would consolidate and improve the administration of all parking-related matters within one campus department including: Providing more cost-effective management of limited parking resources, streamlining the citation and appeal adjudication processes, providing greater alignment of enforcement regulations with the current transportation environment, and making housekeeping changes to update unit names.
Reasons Supporting Proposal: The proposed rules have been reviewed and approved by the university transportation committee.
Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.
Statute Being Implemented: RCW 28B.10.560.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to changing circumstances, various additional amendments proposed by the UW administration require a new public hearing on the revised chapter prior to adoption.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: V'Ella Warren, Senior Vice-President for Finance and Facilities, 4311 11th Avenue N.E., Suite 600, Seattle, WA 98105, (206) 543-8765; and Enforcement: John Vinson, Chief of UWPD, 1117 N.E. Boat Street, Seattle, WA 98105, (206) 543-0521 and Josh Kavanagh, Director of Transportation Services, 3745 15th Avenue N.E., Seattle, WA 98105, (206) 685-1567.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. This chapter is not considered a significant legislative rule by the University of Washington.
February 3, 2011
Rebecca Goodwin Deardorff
Director of Rules Coordination
OTS-3739.6
PART I
PREAMBLE, GENERAL INFORMATION, AND DEFINITIONS
AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01,
effective 10/27/01)
WAC 478-116-010
Preamble.
Pursuant to the authority
granted by RCW 28B.10.560 and 28B.20.130, the board of regents
of the University of Washington establishes the following
rules to govern motorized and nonmotorized vehicle traffic and
parking upon ((public)) lands and facilities of the University
of Washington in Seattle, Washington.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, § 478-116-010, filed 9/26/01, effective 10/27/01; 97-14-005, § 478-116-010, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 28B.10.300 and 28B.10.560. 84-10-030 (Order 84-3), § 478-116-010, filed 4/30/84. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), § 478-116-010, filed 6/15/78; Order 75-2, § 478-116-010, filed 6/4/75.]
(((a))) (1) To protect and control pedestrian and
vehicular traffic ((and parking)) on the campus((.
(b))) of the university;
(2) To assure access at all times for emergency vehicles
and equipment((.
(c)));
(3) To minimize traffic disturbances ((during class
hours.
(d)));
(4) To facilitate the ((work)) operations of the
university by assuring access to its vehicles ((and by
assigning the limited parking space and hours of operation for
the most efficient use.
(e)));
(5) To allocate limited parking space in order to promote its most efficient use;
(6) To protect state property; and
(7) To encourage and support travel to the ((university))
campus by means other than single occupancy vehicle (SOV).
(((2) Permission to park or operate a vehicle at the
University of Washington is a privilege granted by the board
of regents of the University of Washington.))
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-020, filed 6/19/97, effective 9/15/97; 91-11-029 and 91-12-047, § 478-116-020, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91. Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), § 478-116-020, filed 5/8/91 and 7/13/89, effective 8/13/89. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), § 478-116-020, filed 6/15/78; Order 75-2, § 478-116-020, filed 6/4/75.]
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(2) Bicycle. Any device defined as a bicycle in chapter 46.04 RCW.
(3) Campus. The University of Washington, Seattle, and those lands and leased facilities of the university within UWPD jurisdiction and where parking is managed by transportation services.
(4) Fee. A charge for the use of services provided and facilities managed by transportation services.
(5) Impoundment. The removal of the vehicle to a storage facility either by an authorized agent of transportation services or UWPD.
(6) Immobilization. The attachment of a metal device to a wheel of a parked car so that the vehicle cannot be moved.
(7) Meter. A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit-issuance machine.
(8) Motorcycles and scooters. Motor vehicles designed to travel with not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and which is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles excluding pedal assisted electric bicycles, and scooters are considered motor vehicles and are subject to all traffic and parking rules controlling other motor vehicles.
(9) Motor vehicle. An automobile, truck, motorcycle, scooter, or bicycle that is assisted by an engine or other mechanism, or vehicle without motor power designed to be drawn or used in conjunction with the aforementioned vehicles including, but not limited to, trailers, travel trailers, and campers. In addition, any bicycle with an electric motor that is disengaged will be considered a bicycle and not a motor vehicle under this chapter.
(10) Nonmotorized vehicle. A device other than a motor vehicle used to transport persons, including, but not limited to, bicycles, skateboards, in-line skates, and roller skates.
(11) Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.
(12) Overtime parking. The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit, meter, or permit-issuance machine.
(13) Parking product. A product issued by transportation services to manage motorized and nonmotorized access to the university. Parking products include, but are not limited to, permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.
(14) Parking space. A space for parking one motor vehicle designated by lines painted on either side of the space, a wheel stop positioned in the front of the space, a sign or signs, or other markings.
(15) Permit. A document approved by and/or issued by transportation services that when properly displayed authorizes a person to park.
(16) Permit-issuance machine. A transportation services deployed and managed machine that issues physical or virtual permits for designated spaces. A permit-issuance machine is not a meter.
(17) Registered owner. The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.
(18) Roller skate/in-line skate. A device used to attach wheels to the foot or feet of a person.
(19) Skateboard. Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.
(20) Traffic. The movement of motorized vehicles, nonmotorized vehicles and pedestrians in an area or along a street as is defined in chapter 46.04 RCW.
(21) Transportation services. The university department that manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.
(22) University. The University of Washington, Seattle, and collectively those responsible for its control and operation.
(23) UWPD. University of Washington police department.
(24) Vehicle. Any motorized or nonmotorized vehicle.
(25) Visitor. A person who is neither an employee nor a student of the university.
(26) Virtual permit. A permit stored within a permit-issuance machine that authorizes a person to park in a designated space. Virtual permits are valid for a space through the date or time stored in the machine.
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(1) Vehicle and other traffic laws of the state of Washington, Title 46 RCW.
(2) University ((of Washington)) parking and traffic
rules.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-030, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), § 478-116-030, filed 7/13/89, effective 8/13/89; Order 75-2, § 478-116-030, filed 6/4/75.]
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[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-061, filed 6/17/04, effective 8/16/04; 97-14-005, § 478-116-061, filed 6/19/97, effective 9/15/97.]
PART IIPARKING ((SERVICES)) RULES
AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04,
effective 8/16/04)
WAC 478-116-111
((Valid)) Permit required for all
motorized vehicles parked on campus.
Except as provided in
WAC 478-116-112 and 478-116-155, no person shall park or leave
any motorized vehicle, whether attended or unattended, upon
the campus unless the person first purchases a valid permit
from transportation services or a transportation services
permit-issuance machine. Permission to park on campus will be
shown by display of a valid permit in accordance with WAC 478-116-122.
(1) A valid permit is ((one of the following)):
(((1) An unexpired and unrecalled vehicle permit with an
area designator that is properly registered and displayed on a
vehicle in accordance with WAC 478-116-223.
(2))) (a) A current, physical vehicle permit issued by an authorized agent or permit-issuance machine designated by transportation services and displayed in accordance with WAC 478-116-122;
(b) A temporary physical permit ((authorized)) issued by
((parking services and displayed in accordance with
instructions on the permit.
(3) A parking permit issued by a gate attendant which is displayed face up on the vehicle dashboard and is fully visible from the exterior of the motor vehicle)) an authorized agent or permit-issuance machine designated by transportation services. Temporary permits are valid through the date or time of the permit; or
(c) A virtual permit that is stored within a permit-issuance machine for designated spaces. Virtual permits are valid for a specific space through the date or time stored in the machine and, if applicable, listed on the customer receipt.
(2) Parking permits are not transferable, except as provided in WAC 478-116-114.
(3) Transportation services reserves the right to refuse to issue parking permits.
(4) The university may allow persons without permits to drive through the campus without parking.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-111, filed 6/17/04, effective 8/16/04; 01-20-030, § 478-116-111, filed 9/26/01, effective 10/27/01; 97-14-005, § 478-116-111, filed 6/19/97, effective 9/15/97.]
(2) Permits and payment of fees are required for all visitors parking on campus, unless exempted by transportation services' policy or state and local law.
(3) University departments may pay for all or part of the permit fee for their official visitors and guests.
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(2) Permits ((displaying license plate numbers shall only
be valid in the vehicles whose license number matches the
number written on the permit)) are not transferrable between
parking areas, unless authorized by transportation services.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-114, filed 6/17/04, effective 8/16/04; 01-20-030, § 478-116-114, filed 9/26/01, effective 10/27/01; 97-14-005, § 478-116-114, filed 6/19/97, effective 9/15/97.]
(2) Permit holders shall provide transportation services with the license plate numbers of any vehicles they intend to use with a permit.
(3) The person(s) to whom a permit is issued is responsible for any violations of this chapter associated with a vehicle to which the permit is affixed and/or registered pursuant to WAC 478-116-341 up to the date and time the permit expires or is reported lost or stolen.
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(2) Instructions on how to properly display permits will be provided by transportation services at the time of sale and on the transportation services' web site.
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(a) Parking for attendees at freshman convocation will be complimentary. Parking services will charge the cost of staff and services used expressly for the event to the sponsoring department;
(b) An event rate will be charged to attendees of events that require staffing to collect fees; and
(c) The cost of prepurchased parking and alternative transportation for Husky football games shall be negotiated with the department of intercollegiate athletics.
(2) Parking services may rent available parking facilities to sponsors of events or to university departments that require parking areas to conduct their business who shall pay in advance and be charged at a per space fee for the particular rented facility.
(3) Parking services may extend its hours of operations to encompass the hours of an event. The following conditions shall require a parking fee for events scheduled outside the normal hours of operation:
(a) Any activity which in the judgment of parking services is expected to attract over five hundred vehicles to campus; or
(b) Any event requiring a city of Seattle special event permit.
(4) University departments which sponsor functions such as athletic events, conferences, seminars and dinners may arrange parking for their guests on a space available basis. Departments have the option of paying for guest parking; otherwise, their guests will be responsible for the parking fee. Departments may also collect parking fees to facilitate prepaid parking with the prior approval of parking services.
(5) Parking services may displace permit holders from their regularly assigned areas during special events. Permit holders shall be provided an alternate area assignment during special events at no extra charge.)) (1) During special events causing additional or heavy traffic, the university may impose additional traffic and parking restrictions per WAC 478-116-035.
(2) The university reserves the right to close any campus parking area it deems necessary for maintenance, safety, events, construction or to meet special needs. Transportation services will, to the extent practical, provide notice to users and suitable alternatives for affected permit holders.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-131, filed 6/17/04, effective 8/16/04; 02-20-044, § 478-116-131, filed 9/25/02, effective 10/26/02; 97-14-005, § 478-116-131, filed 6/19/97, effective 9/15/97.]
(2) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, or obstruct pedestrian movement along any plaza, path, or sidewalk.
(3) No motor vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area, unless authorized by transportation services. The fact that other motor vehicles may have been so parked as to require the vehicle to occupy a portion of more than one space or stall shall not excuse a violation of this section.
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(2) Notwithstanding the display of a valid permit to park in other parking area/lots on campus, any motor vehicle which occupies a space requiring a space-specific permit administered by a permit-issuance machine is subject to payment of a permit fee and the posted time limits. Vehicles displaying a disability permit or license plate issued by the state department of licensing shall not be subject to payment of fees when parked in a space which is restricted as to the length of time parking is permitted.
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(1) Stopping the engine and locking the ignition; and
(2) Effectively setting the brake and transmission to prevent movement of the vehicle.
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(2) No ((unauthorized person)) one without authorization
from transportation services or UWPD shall ((remove,)) move,
deface, or in any way change a sign, barricade, structure,
marking, or direction ((so placed, or previously placed, for
the purpose of regulating)) that regulates traffic or parking.
((Authority to make temporary changes of this nature with
respect to streets or roadways must be obtained from the
university police department.))
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-191, filed 6/17/04, effective 8/16/04; 97-14-005, § 478-116-191, filed 6/19/97, effective 9/15/97.]
(2) No motor vehicle shall be parked within fifteen feet of a fire hydrant.
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(2) Motorcycles, scooters, mopeds, and motorized bicycles powered or assisted by combustible engines may only be parked in designated cycle areas and require a permit.
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(a) In a building, except where bicycle storage rooms are provided;
(b) Near a building exit;
(c) On a path or sidewalk unless attached to a university bike rack;
(d) In planted areas; or
(e) Chained or otherwise secured to trees, lamp standards, railings, garbage receptacles, fencing, or sign posts.
(2) Bicycle racks in campus areas are for parking and shall not be used for overnight storage, except for those racks adjacent to residence halls which may be used for storage when the owner/operator is a current resident of that hall. Bicycle lockers in campus are to be used for bicycle parking and may be used for overnight storage of a bicycle.
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PART III((PARKING VIOLATIONS)) USE OF MOTORIZED AND NONMOTORIZED
VEHICLES
AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97,
effective 9/15/97)
WAC 478-116-221
((Parking)) Use of motorcycles ((and)),
mopeds, scooters, and motorized bicycles.
(1) Motorcycles,
scooters, mopeds, and motorized bicycles((, and scooters must
only be parked in designated cycle areas. Motorcycles,
motorized bicycles, and scooters are)) powered or assisted by
combustible engines or engaged electric motors are considered
motor vehicles and subject to all traffic rules. These
vehicles shall not be permitted ((to drive or park)) on paths,
((on)) sidewalks, ((on planted areas, in buildings, or in))
authorized bicycle or pedestrian areas, or in buildings.
(2) Bicycles assisted by electric motors are permitted on campus paths and sidewalks where bicycles are permitted to travel if the motor is disengaged and the bicycle is powered solely through human pedaling.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-221, filed 6/19/97, effective 9/15/97.]
(2) Bicycles may be ridden any place where vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks, or streets where signs indicate it is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle.
(3) Bicycles operated on paths, sidewalks, and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.
(4) Bicycles shall be operated in a safe manner at all times. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic, or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.
(5) Moving or riding a bicycle into any unauthorized area such as a building or construction zone is prohibited.
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PART IV((MOTOR VEHICLE CITATION ISSUANCE)) FINES, CITATIONS,
IMMOBILIZATION, AND IMPOUNDMENT
AMENDATORY SECTION(Amending WSR 04-13-086, filed 6/17/04,
effective 8/16/04)
WAC 478-116-301
Issuance of parking and traffic
citations ((for motor vehicle violations)).
(1) ((The
university police department)) Upon probable cause to believe
that a violation of this chapter related to motorized vehicle
parking has occurred, an authorized agent of transportation
services may issue a parking citation ((for a violation of
these rules. The citation shall set)) setting forth the date,
approximate time, locality, ((and)) nature of the violation((.
The citation shall be served upon the person charged with the
violation by delivery, mail, or placement upon the vehicle
involved)), identifiable characteristics of the vehicle if
applicable, and the amount of the fine(s).
(2) Upon probable cause to believe that a violation related to parking, traffic, or nonmotorized vehicles has occurred, UWPD may issue a citation setting forth the date, approximate time, locality, nature of violation, identifiable characteristics of the vehicle if applicable, and amount of the fine(s).
(3) The following information shall accompany and/or be
printed on the ((parking)) citation:
(a) The violation fine and instructions for payment; and
(b) Instruction for contesting the citation, including
where to obtain and submit petitions((; and
(c) Notice that)).
(4) The citation shall be served on the person responsible for the violation by:
(a) Attaching a copy of the citation to the vehicle allegedly involved in the violation;
(b) Mailing a copy of the citation to the registered owner; or
(c) Serving a copy of the citation personally to the person responsible.
(5) Failure to pay fines or contest the citation within
the time specified in these rules can result in ((the
sanctions)) a late payment fee as set forth in WAC
((478-116-561)) 478-116-335.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 04-13-086, § 478-116-301, filed 6/17/04, effective 8/16/04; 01-20-030, § 478-116-301, filed 9/26/01, effective 10/27/01; 97-14-005, § 478-116-301, filed 6/19/97, effective 9/15/97.]
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(1) When the purposes for which the parking product was issued changes or no longer exists;
(2) When an unauthorized individual uses the parking product;
(3) Falsification on a parking product application;
(4) Nonpayment of fees and/or fines;
(5) Receiving over eight citations within a calendar year;
(6) Counterfeiting or altering of parking products; or
(7) Failure to comply with a final adjudicated decision of transportation services.
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(2) Purchasing a parking product from a party other than transportation services or a lawful designee, shall not constitute an excuse or defense for violating this section.
(3) Parties using parking products that have been recalled, revoked, forged, altered, or reported lost or stolen shall be subject to a serious violation per WAC 478-116-325 and, in addition, will be responsible for paying the cost of an equivalent permit fee from the date the permit was revoked, recalled, or reported lost or stolen to the date the permit expired or was returned to transportation services.
(4) Any unpaid fines for a violation of the rules in chapter 478-116 WAC will be deducted from any refunds resulting from the revocation of parking products.
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| Offense Category | Maximum Citation Fine | Fine if Citation is Paid Within 20 Calendar Days | Applicable Violations | |||
| Minor | $20.00 | $15.00 | • | Permit not registered to vehicle, see WAC 478-116-114; | ||
| • | Parking outside of area assigned by permit, see WAC 478-116-114; | |||||
| • | Improper display of permit, see WAC 478-116-122. | |||||
| General | $40.00 | $35.00 | • | No valid permit displayed, no valid permit for space or parking without making payment, see WAC 478-116-111, 478-116-112, and 478-116-155; | ||
| • | Occupying more than one space, see WAC 478-116-135; | |||||
| • | Parking at expired meter, see WAC 478-116-155; | |||||
| • | Overtime parking, see WAC 478-116-175; | |||||
| • | All other violations of this chapter. | |||||
| Major | $60.00 | $50.00 | • | Obstructing traffic or pedestrian movements, see WAC 478-116-135; | ||
| • | Parking in restricted, prohibited, or nonparking areas, see WAC 478-116-135, 478-116-191, and 478-116-193. | |||||
| Serious | $300.00 | $250.00 | • | Disability/wheelchair space violations, see WAC 478-116-195; | ||
| • | Use of revoked, stolen, forged, or altered parking products, see WAC 478-116-315. | |||||
| Late Payment Fee | Maximum Citation Fine + $25.00 | N/A | Penalty for failure to pay fine, respond, or comply with final decision of the citation hearing office within time limits, see WAC 478-116-301. | |||
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| Offense Category | Maximum Citation Fine | Applicable Violations | |
| General | $10.00 | Failure to yield to pedestrians, riding in restricted/prohibited areas, violation of state bicycle codes, see WAC 478-116-232. | |
| Major | $25.00 | Negligent riding, see WAC 478-116-232. | |
| Impoundment Fee | $10.00 | Bicycle impoundment, skateboard impoundment, see WAC 478-116-365 and 478-116-371. | |
| Skateboard Violations | $10.00 - $30.00 | Fines based on number of violations within a set time period, see WAC 478-116-371. | |
| Late Payment Fee | Maximum Citation Fine + $25.00 | Penalty for failure to pay fine, respond, or comply with the final decision of the citation hearing office within time limits, see WAC 478-116-301. | |
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(2) Fines for parking citations must be delivered in person to the transportation services' office, paid on-line, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.
(3) Fines for traffic citations associated with violations of this chapter must be delivered in person to the UWPD office, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.
(4) If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the university shall impose an additional fine as specified in WAC 478-116-325 or 478-116-331 and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid;
(b) Delay registration for the following quarter;
(c) Impound or immobilize the violator's vehicle after providing notice of nonpayment to the permit holder and/or registered owner;
(d) Deny future parking privileges to the violator; or
(e) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and university procedure.
(5) An accumulation of traffic and parking violations by a student may be cause for discipline under the student conduct code of the university (see chapter 478-120 WAC).
(6) In addition to any other penalty which may be imposed as a result of actions described in this chapter, campus parking privileges shall be suspended until all such debts are paid.
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(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.
(3) This section shall not apply to university operated motor vehicles. The operator of a university motor vehicle is personally liable for any citation issued to the motor vehicle.
(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within twenty calendars days of the date of the citation or submitting a petition where the third party agrees to take responsibility.
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(a) Blocking a roadway so as to impede the flow of traffic;
(b) Blocking a walkway, trail, sidewalk, or crosswalk so as to impede the flow of pedestrian traffic;
(c) Blocking a fire hydrant or fire lane;
(d) Creating a public safety hazard;
(e) Blocking another legally parked vehicle;
(f) Parking in a marked "tow-away" zone;
(g) Failing to pay a fine imposed under this chapter following notice of nonpayment to the registered permit holder and/or registered owner of the motor vehicle;
(h) UWPD has probable cause to believe the motor vehicle is stolen;
(i) UWPD has probable cause to believe the motor vehicle contains or constitutes evidence of a crime and impoundment is necessary to obtain or preserve such evidence; or
(j) When a driver is arrested and/or deprived of the right to leave with the driver's motor vehicle and UWPD is responsible for safekeeping of the vehicle.
(2) Not more than one business day after immobilization or impoundment of any motor vehicle, the university shall mail a notice of immobilization or impoundment to the permit holder and/or registered owner of the motor vehicle and to any other person who claims the right to possession of the motor vehicle, if those persons can be identified. Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, redemption procedures, and an opportunity to contest the immobilization or impoundment as provided in WAC 478-116-415.
(3) A sticker will be attached to a motor vehicle that is immobilized which shall include, but is not limited to, the following information:
(a) Date and time of immobilization;
(b) Reason for immobilization;
(c) Instruction for motor vehicle release; and
(d) Notification that the motor vehicle will be towed within seventy-two hours of the date/time indicated on the sticker if the motor vehicle remains immobilized.
Motor vehicles that remain immobilized seventy-two hours after the immobilization device was placed on the motor vehicle will be impounded. Impoundment of these motor vehicles will follow the procedures outlined in WAC 478-116-361.
(4) Impounding or immobilizing a motor vehicle does not remove the obligation for any fines associated with the violation or other outstanding citations. All fines, fees, and the cost of the immobilization and impoundment (e.g., booting, towing, storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle.
(5) Impounded motor vehicles shall only be redeemed by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for the motor vehicle.
(6) Any person seeking to redeem a motor vehicle impounded or immobilized under this chapter has the right to contest the validity of the impoundment or immobilization, the amount of applicable booting, towing, and storage fees and shall have the motor vehicle released upon requesting a review provided in WAC 478-116-415, and paying any outstanding fines, towing, and storage charges.
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(1) The date and time sticker was attached;
(2) A statement that if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached, the motor vehicle will be impounded; and
(3) The address and telephone number where additional information may be obtained.
If, the motor vehicle is not removed within seventy-two hours, the motor vehicle shall be impounded as described in WAC 478-116-351.
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(2) Except as provided by WAC 478-116-199(2), a bicycle abandoned or parked on campus, other than at residential halls, for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. Bicycles remaining at resident halls once the school year ends will be presumed abandoned and are subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies UWPD. A bicycle that has been obviously stripped or vandalized may be immediately impounded.
(3) Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. All fines, fees, and the impoundment fee must be paid prior to the release of the bicycle. Bicycles unclaimed after sixty consecutive days will be subject to sale through the university surplus property department.
(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.
(5) Impoundment or sale of any bicycle under this section shall neither substitute for, or release, any person from liability for damage to persons or property caused by the use of a bicycle, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a bicycle though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that bicycle.
(6) Any person seeking to redeem a bicycle impounded under this chapter has the right to contest the validity of the impoundment and the amount of applicable fees and shall have the bicycle released upon establishing ownership, requesting a review provided in WAC 478-116-415, and paying any outstanding fines or storage charges.
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(a) For the first offense, UWPD will record the name of the individual and provide a written warning against further skateboard use in violation of WAC 478-116-242. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded at the UWPD station until they are able to return with the receipt and identification. There will be no impoundment fee.
(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine of ten dollars plus applicable impoundment fee.
(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty calendar days and the offender shall be subject to a fine of thirty dollars plus the applicable impoundment fee.
(d) Impounded skateboards will be held by UWPD and released only during regular business hours to individuals with satisfactory identification. Payment of a ten-dollar storage fee will also be required for release, except as provided in (a) of this subsection.
(2) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to sale at a public auction conducted by the university surplus property department.
(3) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.
(4) Impoundment or sale of any skateboard under this section shall neither substitute for, nor release any person from liability for damage to persons or property caused by use of a skateboard at the university, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a skateboard though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that skateboard.
(5) Any person seeking to redeem a skateboard impounded under this chapter has the right to contest the validity of the impoundment, the amount of applicable fees, and shall have the skateboard released upon requesting a review provided in WAC 478-116-415, and paying any outstanding fines or impoundment fees.
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PART V((IMPOUNDED MOTOR VEHICLES)) CITATION, IMMOBILIZATION, AND
IMPOUNDMENT APPEALS
NEW SECTION
WAC 478-116-405
Election to pay fine or contest
citations.
(1) Election to pay fine. A person who receives a
citation, shall, within twenty calendar days from the date of
the citation either pay the applicable fine or contest the
issuance of the citation in the manner prescribed in
subsection (2) of this section. If paid within twenty
calendar days of citation issuance, motorized parking citation
fines shall be discounted per WAC 478-116-325. Once the
applicable fine is paid, the citation can no longer be
appealed. Failure to either pay the fine or timely appeal the
citation shall automatically result in the citation being
final, the full amount of the fine shall stand, and an
additional late payment fee per offense shall be imposed for
each citation which is not responded to within the time limits
set forth in this section.
(2) Election to contest a citation. A person wishing to contest a citation (hereinafter "petitioner") may do so by completing and submitting a citation petition (hereinafter "petition") to the citation hearing office within twenty calendar days of the date of the citation. Petitions for motorized and nonmotorized parking citations must be delivered to transportation services within the allotted time limit. Petitions for traffic and all other nonmotorized citations must be delivered to UWPD within the allotted time limit.
Petition forms are available at transportation services and UWPD or on the transportation services and UWPD web sites. The petitioner must complete each section of the petition form and provide a brief statement regarding circumstances associated with the citation. A citation hearing officer shall review the petition and provide written notification of his or her initial decision with information about the opportunity for further review within ten calendar days of taking action on the initial decision. The amount of any reduction to the fine assessed in the initial decision is at the discretion of the citation hearing officer. Any fines owed on an initial decision not contested as provided in subsection (3) of this section shall be paid within twenty-one calendar days after service of the initial decision. If payment is not received within twenty-one calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.
(3) Review of initial decision. If a petitioner chooses to contest the initial decision issued by the citation hearing officer, the petitioner shall forfeit any reduction in the assessed fines offered in the initial decision. The petitioner must contact the department processing the petition (transportation services or UWPD) orally or in writing within twenty-one calendar days after service of the decision. The request for review shall contain an explanation of the petitioner's position and a statement of reasons why the initial decision on the petition was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request to review the initial decision, render a final written decision which shall include a brief statement of the reasons for the decision, offer of settlement if applicable, and provide information about the opportunity to appeal the decision to district court. The amount of fine or settlement assessed in the final decision is at the discretion of the citation hearing officer. Any final decision of the reviewing officer not appealed as provided in subsection (4) or (5) of this section shall be paid within ten calendar days after service of the decision. If payment is not received within ten calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.
(4) Discretionary review of initial decision. If the petitioner has not requested a review of the initial decision, the citation hearing officer may, within twenty calendar days after service of the initial decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the petitioner than the initial decision without giving the petitioner notice and opportunity to explain his or her view of the matter.
(5) Appeal to district court. The application for appeal to district court shall be in writing and must be filed with the department processing the petition (transportation services or UWPD) within ten calendar days of service of the final decision. The written notice must be submitted on the "Notice of Appeal" form provided by transportation services or UWPD. The Notice of Appeal form will be available at transportation services or UWPD during regular hours of operation. The department processing the citation will forward the documents relating to the appeal to district court. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section, in addition to this subsection. If a petitioner chooses to contest the decision issued by the citation hearing officer via appeal to the district court, the petitioner shall forfeit any reduction in the assessed fines offered in the hearing officer's decision.
(6) Providing an oral statement. A petitioner who requests a review of the initial decision under subsection (3) of this section may request the opportunity to provide an oral statement before the citation hearing officer. A request to make an oral statement must be included in the request for review of the initial decision and must be submitted within ten calendar days of the initial decision. If the request for an oral statement is made, the citation hearing officer shall provide reasonable notice of the time and place for receiving the oral statement, which must occur no later than twenty calendar days after the request for review was submitted. If an oral statement cannot be scheduled within this time frame, the citation hearing officer will review the request as outlined in subsection (3) of this section.
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The petitioner must complete each section of the petition form and provide a brief statement regarding circumstances associated with immobilization or impoundment. The citation hearing officer shall review the petition and provide written notification of his or her decision with information about further review within ten calendar days of taking action on the petition. The amount of fine or fees assessed in the initial decision is at the discretion of the citation hearing officer. Any fines or fees owed on an initial decision not contested as provided in subsection (2) of this section shall be paid within twenty-one calendar days after service of the initial decision. If payment is not received within twenty-one calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine and fees shall stand, an additional late fee shall be imposed, and the immobilization or impoundment shall be deemed final.
(2) Review of initial decision. If a petitioner chooses to contest the initial decision issued by the citation hearing officer, the petitioner shall forfeit any reduction to the assessed fines offered in the initial decision. The petitioner must contact the department processing the petition (transportation services or UWPD) orally or in writing within twenty-one calendar days after service of the decision. The request for review shall contain an explanation of the petitioner's position and a statement of reasons why the initial decision on the petition was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request to review the initial decision, render a final written decision which shall include a brief statement of the reasons for the decision, offer of settlement if applicable, and provide information about the opportunity to appeal the decision to district court. The amount of fine or settlement assessed in the final decision is at the discretion of the citation hearing officer. Any final decision of the reviewing officer not appealed as provided in subsection (3) or (4) of this section shall be paid within ten calendar days after service of the decision. If payment is not received within ten calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine or fee shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.
(3) Discretionary review of initial decision. If the petitioner has not requested a review of the initial decision, the citation hearing officer may, within twenty days after service of the initial decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the petitioner than the initial decision without giving the petitioner notice and opportunity to explain his or her view of the matter.
(4) Appeal to district court. The application for appeal to district court shall be in writing and must be filed with the department processing the petition (transportation services or UWPD) within ten calendar days of service of the final decision. The written notice must be submitted on the "Notice of Appeal" form provided by transportation services or UWPD. The Notice of Appeal form will be available at transportation services or UWPD during regular hours of operation. The department processing the petition will forward the documents relating to the appeal to district court. No appeal to the district court may be taken unless the immobilization or impoundment has been contested as provided in subsections (2) and (3) of this section, in addition to this subsection.
(5) Providing an oral statement. A petitioner who requests a review of the initial decision under subsection (2) of this section may request the opportunity to provide an oral statement before the citation hearing officer. A request to make an oral statement must be included in the request for review of the initial decision and must be submitted within ten calendar days of the initial decision. If the request for an oral statement is made, the citation hearing officer shall provide reasonable notice of the time and place for receiving the oral statement, which must occur no later than twenty calendar days after the request for review was submitted. If an oral statement cannot be scheduled within this time frame, the citation hearing officer will review the request as outlined in subsection (2) of this section. If a petitioner chooses to contest the decision issued by the citation hearing officer via appeal to the district court, the petitioner shall forfeit any reduction in the assessed fines offered in the hearing officer's decision.
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((APPEALS AND PAYMENT OF MOTOR VEHICLE FINES))((PART VII
BICYCLES AND NONMOTORIZED VEHICLES))
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 478-116-044 | Authorized use of streets and parking facilities. |
| WAC 478-116-051 | Definitions. |
| WAC 478-116-101 | Numbering of parking areas, parking allocation and issuance of permits. |
| WAC 478-116-116 | Alternate and replacement permits. |
| WAC 478-116-121 | Visitor parking. |
| WAC 478-116-125 | Other types of permits. |
| WAC 478-116-141 | Annual and quarterly permit periods. |
| WAC 478-116-145 | Night and swing permits. |
| WAC 478-116-147 | Carpool permits. |
| WAC 478-116-151 | Parking of state of Washington-owned university-operated motor vehicles. |
| WAC 478-116-161 | Parking fee payment. |
| WAC 478-116-163 | Fee schedule. |
| WAC 478-116-165 | Vehicle and driver's licenses required. |
| WAC 478-116-167 | Right to refuse to issue a permit. |
| WAC 478-116-171 | Responsibility of person to whom the permit is issued. |
| WAC 478-116-181 | Refund conditions for parking permits. |
| WAC 478-116-184 | Recall of permits. |
| WAC 478-116-186 | Recall of carpool permits. |
| WAC 478-116-201 | Permits required for motor vehicles parked during hours of operation -- Assigned parking areas. |
| WAC 478-116-211 | Metered parking. |
| WAC 478-116-223 | Display of permits. |
| WAC 478-116-225 | Permits and vehicle license plates. |
| WAC 478-116-227 | Permit transfer. |
| WAC 478-116-231 | Use of revoked permits prohibited. |
| WAC 478-116-241 | Overtime parking violations -- Repeated. |
| WAC 478-116-245 | Obstructing traffic and pedestrian movement prohibited. |
| WAC 478-116-251 | Obeying regulatory signs and instructions. |
| WAC 478-116-253 | Prohibited parking area(s). |
| WAC 478-116-255 | Prohibited parking -- Space designated as disability or wheelchair. |
| WAC 478-116-261 | Designated parking areas. |
| WAC 478-116-271 | Parking within a designated parking space. |
| WAC 478-116-281 | Parking -- Safekeeping of unattended motor vehicles. |
| WAC 478-116-291 | Impoundment of motor vehicles. |
| WAC 478-116-311 | Motor vehicle fines and penalties. |
| WAC 478-116-401 | Impoundment for failure to pay fines. |
| WAC 478-116-411 | Impoundment without prior notice. |
| WAC 478-116-421 | Impoundment of abandoned vehicles. |
| WAC 478-116-431 | Notice and redemption of impounded vehicles. |
| WAC 478-116-501 | Registered owner responsible for illegal parking. |
| WAC 478-116-520 | Motor vehicles -- Payment of fines and penalties. |
| WAC 478-116-531 | Motor vehicles -- Election to pay fine or contest citation. |
| WAC 478-116-541 | Motor vehicles -- Election to contest impoundment. |
| WAC 478-116-551 | Motor vehicles -- Presiding and reviewing officer. |
| WAC 478-116-561 | Motor vehicles -- Enforcement of decisions of citation hearing office. |
| WAC 478-116-605 | Bicycle parking and traffic rules. |
| WAC 478-116-611 | Nonmotorized vehicles -- Citation for violations. |
| WAC 478-116-620 | Nonmotorized vehicles -- Fines and penalties. |
| WAC 478-116-630 | Nonmotorized vehicles -- Schedule of fines and penalties. |
| WAC 478-116-640 | Nonmotorized vehicles -- Election to pay fine or contest citation. |
| WAC 478-116-650 | Nonmotorized vehicles -- Presiding and reviewing officer. |
| WAC 478-116-660 | Nonmotorized vehicles -- Enforcement of decisions of citation hearing office. |
| WAC 478-116-670 | Use of skateboards. |